Flexible working: Everyone has the right to request it, and all employees have the right to take their employer to Fair Work if they suspect they have been discriminated against.
Only this month (in the UK) an airline employee won a sexual discrimination case after her flexible working request was denied. The airline made its case: they already had too many staff on fixed hours and could not fit anymore on them without it having a detrimental impact on the business. This did not cut it for the judge, who found the employer guilty of indirect sexual discrimination on the basis that most employees were women of childbearing age. This meant that women were placed at a disadvantage to men (who in life, and as recognised by case law, often have fewer child-caring responsibilities). A landmark decision that will affect the behavior of employers in the future!
No employer wants to take their business into a Fair Work battle. Avoid it by getting your processes right and seeking professional advice when needed.
First things first, spell out what flexible working provision your business will provide, and make sure it’s in your employment handbooks (for a free review get in touch). Your wording should outline the employees’ right to request flexible working, how they should apply, and that each case will be evaluated on its own merits within the framework of your policy.
With an aging population, more staff will have caring duties for elderly relatives. So, we can expect more employees will need a more flexible approach to be able to manage their lives.
Circumstances will be different for each employer: you may benefit from working with a more flexible workforce. You can find some of those benefits here; so, think, would it make commercial sense?
If not, don’t just reject the request out of hand. When you meet with the employee to discuss their request, explore all the options. Be creative and you may find an alternative solution that caters to both their needs and the needs of your business. This will help prevent relations from turning sour and leading you down the Fair Work route. Even if it eventually did, the fact that you attempted to explore different solutions to the problem could fall in your favour.
When you are in a position where you need to reject a flexible working request, make sure you have a legitimate business reason. If you are unsure, play it safe and seek advice. Remember the process:
- Respond to the request within 21 days,
- Discuss the request with the employee and genuinely try to reach an agreement or an alternative arrangement to accommodate the employee’s circumstances,
- If no agreement has been reached, then you can provide them with the outcome.
Don’t forget, if you reject the proposed working arrangement, you must have reasonable business grounds to do so. If you need advice on the above topic please reach out to the HR Dept.
